Sec. 7-7.21. Temporary cannabis events.
a.Any person applying for a temporary cannabis event permit must obtain a DCC cannabis event organizer license, a DCC temporary cannabis event license, and a valid cannabis business license tax registration certificate issued by the City pursuant to Chapter 19, Article 6 prior to the event. All licenses and permits required under state and local law shall be obtained prior to the event and shall remain in full force and effect throughout the duration of the event.
b.An application for a temporary cannabis event permit shall be submitted by the Cannabis Event Organizer to the City Manager no less than forty-five (45) calendar days before the first day of the temporary cannabis event. The application shall contain the list of DCC licensees participating in the event.
c. Conditions.A temporary cannabis event permit holder and all retailers participating in the temporary event shall comply with all conditions required under state and City licenses and permits, in addition to, and not limited to, the following conditions:
1.Follow all state law requirements authorizing on-site cannabis sales and consumption at temporary events. Consumption must be expressly authorized in the DCC license, or the license if only valid for the sale of cannabis by retailers at the event. Only retailers can sell cannabis during an event. All event organizers and retailers must have a valid cannabis business license tax registration certificate issued by the City pursuant to Chapter 19, Article 6.
2.Only distributors permitted under Section 7-7.19 can transport cannabis to a temporary cannabis event.
3.Retailers must have a specific location from which they make sales. No retailers may sell cannabis goods from a mobile cart or from a nondesignated location.
4.If consumption is allowed at the event, it shall occur only in a designated area. On-site emergency medical care may be required at the discretion of the City.
5.Event organizers shall provide adequate security to ensure the safety of persons and always protect the premises from theft in conformance with the security plan submitted with a permittee’s application. Event organizers shall provide a security guard patrol surrounding the event during all hours of operation as determined by the City.
6.City of Monterey Police Officers, City of Monterey Code Enforcement Officers, Monterey County Sheriff’s Deputies, or other agents or employees of the City requesting admission for the purpose of determining compliance with these standards shall be given unrestricted access.
7.The City may require the event organizer and all participants to cease operations without delay if, in the opinion of the City or law enforcement, it is necessary to protect the immediate health and safety of the public. Upon notification from the City that the event is to cease operations, the event organizer shall immediately stop the event and all participants shall be removed from the temporary cannabis event premises within the time frame provided by the City.
8.Upon notification from the City, the event organizer shall immediately expel from the event any person selling cannabis without a license from the DCC and/or the City. The event organizer or their representative shall remain with the person being expelled from the premises at all times until they vacate the premises. If the person does not vacate the premises, the City may inform the event organizer that the event must cease operations. Upon notification from the City that the event is to cease operations, the event organizer shall immediately stop the event and all participants shall be removed from the temporary cannabis event premises within the time frame provided by the City.
d. Discretionary Grant or Denial.The City Manager may grant a temporary cannabis event permit in their reasonable discretion, or may deny a temporary cannabis event permit in their reasonable discretion based on one (1) or more of the following findings:
1.The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would comply with applicable state and City laws;
2.The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would be consistent with public health or public safety;
3.The applicant has not sufficiently established that the sale or consumption of cannabis or cannabis products at the event would not have adverse impacts on nearby neighborhoods or public spaces;
4.The applicant has not taken steps sufficient to reasonably ensure that the only individuals and/or entitles that will provide on-site sales of cannabis goods at the proposed event are those that have been identified on the application as holding a DCC retail permit;
5.The applicant has provided materially false or incomplete information in support of the application;
6.There is insufficient time to process the permit application adequately in advance of the proposed event;
7.If the Monterey Police Department has insufficient staff available to cover other special events (e.g., car week) and patrol or respond to calls for service at a temporary cannabis event at the Monterey County Fairgrounds;
8.The event is on or within ten (10) days of a special event permit issued by the City that is assigned four (4) or more officers per day;
9.When vacancies (including absences due to vacations, injuries, etc.) for sworn positions in the police department are at or above twenty (20) percent;
10.There is other good cause to deny the permit. (Ord. 3674 § 11, 2023)